Suspending limitations on conference committee
jurisdiction, H.B. No. 7
By: Ogden S.R. No. 132
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, 3rd Called Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 7, relating to the reorganization of, efficiency
in, and other reform measures applying to governmental entities
and certain regulatory practices, to consider and take action on
the following matters:
(1) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE to the bill to read as follows:
ARTICLE ___. FINANCIAL DISCLOSURE FOR BOARDS OF TRUSTEES OF
CERTAIN SCHOOL DISTRICTS
SECTION __.01. Section 11.064, Education Code, as added
by Chapter 249, Acts of the 78th Legislature, Regular Session,
2003, is amended by amending Subsections (a) and (c) and adding
Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:
(a) The board of trustees [A trustee] of an independent
school district by resolution adopted by majority vote may
require each member of the board to [with an enrollment of at
least 5,000 students shall] file the financial statement
required of state officers under Subchapter B, Chapter 572,
Government Code, with:
(1) the board of trustees; and
(2) the Texas Ethics Commission.
(a-1) Not later than the 15th day after the date a board
of trustees adopts a resolution under Subsection (a), the board
shall deliver a certified copy of the resolution to the Texas
Ethics Commission.
(a-2) A resolution adopted under Subsection (a) applies
beginning on January 1 of the second year following the year in
which the resolution is adopted. A member of a board of trustees
that has adopted a resolution under Subsection (a) is not
required to include, in a financial disclosure statement under
this section, financial activity occurring before January 1 of
the year following the year in which the resolution is adopted.
(a-3) The commissioner by order shall require the members
of the board of trustees of an independent school district to
file the financial statement required of state officers under
Subchapter B, Chapter 572, Government Code, in the same manner as
the members of a board of trustees that have adopted a resolution
under Subsection (a) if the commissioner determines that:
(1) a board member has failed to comply with filing
and recusal requirements applicable to the member under Chapter
171, Local Government Code;
(2) the district financial accounting practices are
not adequate to safeguard state and district funds; or
(3) the district has not met a standard set by the
commissioner in the financial accountability rating system.
(a-4) The commissioner may require filing financial
statements under Subsection (a-3) covering not more than three
fiscal years and beginning on January 1 of the second year
following the date of the commissioner's order. A member of a
board of trustees subject to an order issued under Subsection
(a-3) is not required to include, in a financial disclosure
statement subject to this section, financial activity occurring
before January 1 of the year following the year in which the order
is issued. The commissioner may renew the requirement if the
commissioner determines that a condition described by Subsection
(c) continues to exist.
(c) A trustee serving in a school district that has
adopted a resolution under Subsection (a) or that is subject to
an order issued under Subsection (a-3) [subject to this section]
commits an offense if the trustee fails to file the statement
required by the resolution or order [this section]. An offense
under this section is a Class B misdemeanor.
SECTION __.02. Section 6.08, Chapter 249, Acts of the
78th Legislature, Regular Session, 2003, is repealed.
SECTION __.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect on the 91st day
after the last day of the legislative session.
Explanation: It is necessary to add this article to add
changes regarding ethics issues for members of the boards of
trustees of certain independent school districts.
(2) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE to the bill to read as follows:
ARTICLE __. JUDICIAL DISTRICTS
SECTION __.01. Section 10, Chapter 1306, Acts of the 78th
Legislature, Regular Session, 2003, is amended by amending
Subsection (c) and adding Subsection (d) to read as follows:
(c) The [414th,] 415th, [419th,] 420th, 421st, and 422nd
judicial districts are created January 15, 2004 [September 1,
2005].
(d) The 414th and 419th judicial districts are created
September 1, 2005.
SECTION __.02. Section 11, Chapter 1306, Acts of the 78th
Legislature, Regular Session, 2003, is amended by amending
Subsection (c) and adding Subsection (d) to read as follows:
(c) Sections [2,] 3, [6,] 7, 8, and 9 of this Act take
effect January 15, 2004 [September 1, 2005].
(d) Sections 2 and 6 of this Act take effect September 1,
2005.
Explanation: It is necessary to add this article to revise
the effective date regarding the creation, composition, and
funding of certain judicial districts for certain counties.
(3) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE to the bill to read as follows:
ARTICLE __. SALE OR LEASE OF CERTAIN VACANT PUBLIC LAND
SECTION __.01. Section 51.178(a), Natural Resources Code,
is amended to read as follows:
(a) A person may apply for good-faith-claimant status not
later than the 90th day after:
(1) the date of a final order by the commissioner
finding that a vacancy exists [at the time an application is
filed under Section 51.176]; or
(2) the date of final judgment by a court that a
vacancy exists, if the commissioner does not find that a vacancy
exists [not later than the 60th day after the date notice of
acceptance is published as required under Section 51.179(d)].
SECTION __.02. The changes in law made by this article
apply only to a vacancy application existing or made on or after
the effective date of this Act.
Explanation: It is necessary to add this article to modify
the time frame to determine when a person may apply for
good-faith-claimant status for the sale or lease of vacant public
land.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on October 10, 2003,
by the following vote: Yeas 30,
Nays 1.
_______________________________
Secretary of the Senate